Request By:
Mr. Jim Klosterman
Administrative Assistant
Commission on Fire Protection Personnel
Standards and Education
Department of Housing, Buildings
and Construction
U.S. Highway 127 South
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter asking about the use of proxies at meetings of the Commission on Fire Protection Personnel Standards and Education. The organization and composition of the Commission are set forth in KRS 95A.020 while the powers of the Commission are contained in KRS 95A.040.
Your question is whether a member of the Commission who is unable to attend a meeting may send another person in his place with proxy powers. As you have noted, there is no mention of proxies in the statutory provisions relative to the Commission on Fire Protection Personnel Standards and Education.
The Commission is composed of fifteen members, thirteen of whom are appointed by the Governor from statutorily designated groups and two of whom serve as ex officio members. The Commission is authorized to make full and complete studies, recommendations and reports to the Governor and the General Assembly for the purposes of suggesting minimum standards and education of fire protection personnel appointed to positions in municipal fire departments, suggesting basic minimum courses of training for fire protection personnel and suggesting the procedure for the certification of fire protection personnel and the certification of fire protection instructors. In addition, the Commission has the authority to certify fire protection training and education programs, certify instructors as having qualified as fire protection instructors, direct research in the field of fire protection and recommend curricula for advanced courses and seminars in fire science training. The Commission also has the authority to receive and, pursuant to federal law, to disburse grants and funds from the federal government for the purposes of fire protection personnel training and education.
The controlling principle concerning the delegation of authority, powers and duties is set forth in 73 C.J.S. Public Administrative Bodies and Procedure, § 57:
"In general administrative officers and bodies cannot alienate, surrender, or abridge their powers and duties, and they cannot legally confer on their employees or others authority and functions which under the law may be exercised only by them or by other officers or tribunals. Although mere ministerial functions may be delegated, in the absence of permissive constitutional or statutory provision, administrative officers and agencies cannot delegate to a subordinate or another powers and functions which are discretionary or quasi-judicial in character, or which require the exercise of judgment; and subordinate officials have no power with respect to such duties . . . ." (Emphasis added.)
Thus, while mere ministerial functions may be delegated to subordinates or others, there is no authority to delegate to such persons those functions which are discretionary or quasi-judicial in character or which require the exercise of judgment, in the absence of a constitutional or statutory provision authorizing such delegation. The powers and duties of the members of the Commission on Fire Protection Personnel Standards and Education involve more than mere ministerial functions and in the absence of any statutory authorization members of the Commission cannot appoint proxies to attend Commission meetings and to act in their behalf.